This was fixed in 2001.

See art 5.1 of https://en.m.wikipedia.org/wiki/Copyright_and_Information_So...

... makes only one exception obligatory: transient or incidental copying as part of a network transmission or legal use ...

And yet, we still need an End User License Agreement in order to legally use the software we buy/download. Or at least, the entire industry and legal system is certainly acting as if we do...